Il rapporto collaborativo tra pubblico e privato: dall'Unione Europea al diritto interno

This paper intends to propose a reconstruction of collaboration formulas between public and private in public procurement, as well as the reform trends in EU law and national laws, according to a tripartite division, which follows the current logic of the reforms in administrative law. The first part is devoted to the regulation of public procurement and public-private partnership in European Union law. The second part, however, will face the same issue with regard to Italian national law, with particular attention to the parallels with the debate and the reforms promoted by the EU. The third and final part, however, is devoted to the comparative study, extended to UK, Spain and France. The central objective is to be able to identify the reforming trends and understand what has been the path of administrative law regarding the negotiating activity of public authorities. Consequently, ample space will be dedicated to the study of the general principles and procedures, contractual models and regulatory guidelines, with particular attention to recent reforms adopted by national legislators and the necessarily supranational dimension of public procurement in EU member States. It was intended to analyze the various aspects related to public-private partnership, meaning that a broader notion than the contract of public-private partnership, believing that, in light of recent guidelines and the discussion held by the EU, the underlying report also to traditional contracts, has matured to achieve a complex and multifaceted cooperative and collaborative relationship between the public entity and the private partner, in the belief that there is no longer a clear separation of roles and that the contribution of the private, especially in terms of quality, it has become essential for the concrete fulfillment of public interests, with all the consequences in terms of regulation of the rapport and of its implementation.